Underlying Loan Agreement definition

Underlying Loan Agreement means, with respect to any Loan, the document or documents evidencing the commercial loan agreement or facility pursuant to which such Loan is made.

Underlying Loan Agreement means, with respect to any Collateral Asset, the document or documents evidencing the commercial loan agreement or facility pursuant to which such Collateral Asset is made.

Underlying Loan Agreement means each single lender or multi-lender commercial loan or credit agreements or other debt agreements or instruments customary for the applicable type of Loan originated or acquired by NewStar.

Examples of Underlying Loan Agreement in a sentence

• A Borrower under an Underlying Loan Agreement related to such Purchased Loan Receivable that is secured by Relevant Related Collateral (other than accessory collateral) could have a defence against the Guarantor that payment on such Purchased Loan Receivable needs to be made only against retransfer (Zug um Zug) of a corresponding portion of the Relevant Related Collateral.

• The relevant Servicer will manage and collect payments on the Purchased Loan Receivables in compliance with the Servicing Agreements, the Credit and Collection Policies and the relevant loan agreement underlying a Purchased Loan Receivable (each, an "Underlying Loan Agreement") and may negotiate and agree on certain amendments, modifications of, or waiver in relation to, the Underlying Loan Agreements in accordance with the Credit and Collection Policies.

• The court also stated that, where the Underlying Loan Agreement qualifies as a business transaction (Handelsgeschäft) within the meaning of Section 343 of the German Commercial Code (Handelsgesetzbuch) for both the borrower and the bank (see "Assignability of the Loan Receivables"), Section 354a of the German Commercial Code would allow the valid assignment of a monetary claim resulting from such business transaction despite a contractual restriction on assignment agreed between the parties.

• Further, enforcement of the respective Relevant Loan Receivable and the Purchased Related Collateral by or on behalf of the Guarantor may not be immediate, resulting in a potentially significant delay in the Guarantor's recovery of amounts owed by the relevant Borrower(s) under the respective Underlying Loan Agreement.

• Each of the Mortgage and Assignment of Leases is assignable without the consent of Underlying Borrower subject to customary restrictions regarding qualified transferees as set forth in the Underlying Loan Documents, so long as no Event of Default (as defined in the Underlying Loan Agreement) has occurred and is continuing.

More Definitions of Underlying Loan Agreement

Underlying Loan Agreement means the “Loan Agreement” (as defined in the Underlying Mortgage Note).

Underlying Loan Agreement means the Loan and Security Agreement, between Seller, in its capacity as lender thereunder, and PennyMac Holdings, LLC, as the same may be amended, restated, supplemented or otherwise modified from time to time.

Underlying Loan Agreement means that certain Loan Agreement, dated as of December, 9, 2014, between Underlying Borrower and Underlying Lender), as lender, as same may be amended, modified and/or restated in accordance with the terms and conditions hereof.

Underlying Loan Agreement has the meaning assigned in the Recitals to this Agreement.

Underlying Loan Agreement. A RMB50 million loan agreement dated 3 July 2014 between Xxxxxxxx Xxxxxxxxx as the lender and Xxx Xx Xxx as the borrower for a term of 6 months. The pledge agreement dated 22 July 2014 (“Pledge Agreement 4”) Date of the Agreement: 22 July 2014 Parties: NVC China and Minsheng Chongqing Pledge: Pursuant to Pledge Agreement 4, NVC China purportedly agrees to pledge RMB35 million, deposited with Xxxxxxxx Xxxxxxxxx in a separate account, as security for the underlying loan facility taken out by Xxx Xx Xxx. The Company repeats its earlier statement that it is still seeking legal advice in relation to the legal validity of Pledge Agreement 4. Underlying loan agreement: A RMB34.1 million loan agreement dated 22 July 2014 between Xxxxxxxx Xxxxxxxxx as the lender and Xxx Xx Xxx as the borrower for a term of 6 months. The pledge agreement dated 4 August 2014 (“Pledge Agreement 5”) Date of the Agreement: 4 August 2014 Parties: NVC China and Xxxxxxxx Xxxxxxxxx Pledge: Pursuant to Pledge Agreement 5, NVC China purportedly agrees to pledge RMB35 million, deposited with Xxxxxxxx Xxxxxxxxx in a separate account, as security for the underlying loan facility taken out by Xxx Xx Xxx. The Company repeats its earlier statement that it is still seeking legal advice in relation to the legal validity of Pledge Agreement 5. Underlying loan agreements: A RMB34.1 million loan agreement dated 4 August 2014 between Xxxxxxxx Xxxxxxxxx as the lender and Xxx Xx Xxx as the borrower for a term of 6 months. The Company would like to re-iterate that the entering into of the Pledge Agreements (and other agreements referred to in the announcement dated 6 November 2014), by Xx Xx Xxxxxxxxxx purportedly on behalf of NVC China, was not carried out with the knowledge of the current Board. To date, Xx Xx Xxxxxxxxxx has not provided the Board with a proper explanation for this. Accordingly, the Board is not aware of a fair and reasonable justification for the purported entering into of these agreements, nor has the Board been provided with a proper explanation which indicates that these purported agreements are in the interests of the Company or its shareholders as a whole. The Company is continuing to seek legal advice in relation to the legal and other implications arising from the Pledge Agreements (and other agreements referred to in the announcement dated 6 November 2014). In particular, it is considering the possibility that these agreements are not legally valid or enforceable by the relevant ...

Underlying Loan Agreement means, any credit agreement, indenture or other agreement or document pursuant to which a Loan Asset with respect to any loan or debt for borrowed money or note, as applicable, has been issued or created and each other agreement that governs the terms of or, if applicable, secures the obligations represented by such Loan Asset, including any co‐lender or servicing agreement entered into by an applicable Underlying Agent or Underlying Servicer and, in respect of the Australian Collateral, includes the Australian Equity Notes and the document entitled “Shareholders’ agreement – Channel Capital Pty Ltd” dated November 20, 2020 between Channel Capital Pty Ltd ACN 162 591 568, Kudu, Xxxx Holding and Xxxxxx Xxx. “Underlying Obligor Default” means, with respect to any Eligible Portfolio Asset that is a Loan Asset following the Cut‐Off Date relating thereto, the occurrence of one or more of the following events (any of which, for the avoidance of doubt, may occur more than once):

Underlying Loan Agreement. Means that certain Loan Agreement, dated as of the date hereof, between Seller and Underling Obligor.